ptsd Need Help - Sorry Lenghty Post

[Ret.Navy]

I appreciate all of the advice and knowledge that I have received from this board. I am posting again because I have a unique situation that I need help with. My situation is rather lengthy, but I will try to be as brief as possible. I really need help understanding what is going on as well as what to do next. ( Past post at bottom of page related to this same claim)

I am a 35 year old disabled vet, medically retired from service, married with three kids. My disabilities have worsened in severity and I haven’t been able to maintain suitable employment since Nov of 2007. Trying to get back to the work force in a non-physical capacity I enrolled in the Chapter 31 vocational rehab program. I am %60 disabled and receive the corresponding compensation monthly along with the full time subsistence allowance which is barely enough to maintain my household with my wife’s income. I am fighting to get out of debt, but seem to face new challenges daily including the recent repossession of a vehicle.

After eight years of service in the Navy, I was placed on the temporary disability retired list and retired from active duty in April of 2004, and five years later, after two re-entry physicals was placed on the permanent disability retired list. My September 2004 award of 60% disability compensation trumped my retirement from DFAS so that is what I receive monthly.

In June of 2010, I initiated a new claim for increase of my current disabilities. Which I was receiving %50 for sleep apnea, %10 for asthma, %10 for sinusitis, %0 for acid reflux, %0 for allergic rhinitis, and %0 for migraine headaches from my initial claim decision on September 20, 2004. I was also denied an award for my back which was one of my issues.

My claim for increase included a re-consideration for my back issues. I received my answer December of 2010 with a %10 increase for my back (labeled L5-S1 herniated nucleolus pulpous w/spinal stenosis and peripheral neuropathy, bilateral lower extremities.)

This December 2010 decision also noted a CUE stating that I should not have received %50 and %10 for sleep apnea and asthma from the September 2004, rather I should have been receiving %50 for both, but under provision of 38 CFR 3.500(b)(2) no over payment shall be established.

The December 2010 decision was accompanied by a letter informing me that a consideration for IU (Individual unemployability) had begun and to return the requested information with included an application and additional medical evidence. I complied fully.

I also initiated an appeal for the 2010 decision for all of the before mention disabilities.

Since my December 2010 decision I have switched from a VSO to a VA disability attorney, simple because I was tired of the run-around.

The Run-around: (my claim and appeals are still going on during this entire process

I have had 2 back surgeries in 2011, February 7^th and July 8^th (requested temporary %100 percent disability for both with accompanying evidence and a request to expedite due to financial hardship.) I received a one month award after the February 7^th, but not from July. (Note: I am still recovering-just started physical therapy and still have the same restrictions given to me after my first surgery. All of my care and surgeries have been at the North Texas VA. I was also overdosed on my first surgery and needed to be resuscitated) I now live in more pain that I have ever known, walk with the assistance of a cane, and have been diagnosed with clinical depression. After checking and re-submitting my second request I was unofficially advised to wait until my June 2010 claim was complete so not to delay anything further. I complied.

I have had 2 surgeries and 4 additional C & P exams since initiating my June 2010 Claim.

In Oct of 2011 I was told that all evidence that was requested from me has been received, all of my C & P exams were received September 2011, and that no other evidence was needed to make a decision on my claim. Jan 2011 my claim is still in the development phase although again I am told that all the required evidence and documentation needed has been received.

As of today I have:

Open Claim: June 2010 decision on Individual Unemployability

Open Appeal: June 2010 decision of disabilities

Open Appeal: Effective dates of Temporary %100 for surgical recovery

My June Claim now is very complicated it includes

1. Pending appeals
   
2. Pending consideration for IU
   
3. Pending consideration for depression, after C & P, examiner wrote a statement in my evaluation that included a diagnosis for depression and PTSD
   
4. Pending consideration for PTSD, added by VA after receiving the before mentioned C & P exam results.
   

My other problem, I switched to going to school online after my surgeries in 2011, which runs longer then a 4-year school because I now take one class at a time instead of 3 to 4 at a time, and I just found out that my program limit runs out in March 2012, unless an extension is granted. If I lose the addition of the subsistence allowance chapter 31 adds to my household income, my debts will be my last problem. I won’t be able to maintain my household or provide the basic living essentials for my family. I need help. Even though my doctor hasn’t cleared me to work, I am still looking daily for a job to supplement my income. My next post will be entitled homeless vet needs help.

Post History: Same Claim

Nov 15 2010 -

Dec 20 2011 -

Rating Decision 11302010a.pdf

[Ret.Navy]

Teac,

Please don't take my tone as aggressive

After seperating from the Navy in 2004 I went to work for the city of Dallas water utilities. I worked day in and out through aches and pains from 2004 to 2007 until I couldn't fufil my duties any more. My employment ended only because I had used the maximum of light duty and off duty days the city allows without being able to return to work. I had surgery at the Dallas VA on my back which left me in more pain, and less range of motion than before the surgery. I had the surgery under the premise that after I healed I could return to work. well that surgery led to another surgery which has resulted in even more problems. I am now faced with the decision of living with constant pain way past the ability to focus, limited mobility, being heaviliy medicated, and the restriction of not being able to lift over ten pounds or attempting a third surgery which include a fusion and implentation of some device that is supose to trick my back into thinking there is nothing wrong.

I am not trying to be snappy, but I can sit, stand, and walk in any combination for more than five minutes to ten minutes at a time. Most days I need help out of the bed, and I only drive when I have to. I have been looking for legitamite opportunities that I could do from home. I am now taking classes from home courtesy of VA vocational rehabilitation in hope of gaining some other type of employment since anything involving physical labor seems to be off my list. Honestly, I would rather not be 35 on a fixed income. I would rather be at work earning according to my poteintial. Every class that I have taken and every surgery that I had was in hopes of returning to work. Both my doctor at the VA and outside of the VA have said that there is no way that I could work right now, and nobody has a clue on what we should do next. I can't keep having failed surgeries.

If you have any suggestions as to jobs I should focus on, I am open to you ideas. I would rather work than deal with the VA claims proccess.

[carlie]

Has anybody had any success requesting cliam be expedited due to financial hardship (which is probably every vet with a claim pending). or is that just a feel good measure so you can feel you've done all you can.

I added a request that my cliam for temorary 100% be expedited due to financial hardship after my Febuary 2011 surgery (L5-S1 disc herniation to relieve spinal stenosis) and recived one month of compensation at the 100% rate in June 2011. Had a repeat operation in July 2011and filed the same request for temporary 100% and the VA has no record of this claim. I think they confused that request with my earler request. I was trying to sort it all out, but a call center rep advised me to just let the claim be for now, because trying to sort that out could hinder progress on my main claim for increase and IU.

Anyway, just wondering if financial hardship has any effect on claim processing or is just moved from one pile to another.

If you request hardship expedition - yes it puts you in another line.

You would also need to submit plenty of information.

Some things are :

Age - 75 or over -or - Terminal Illness

Mortgage Default / Foreclosure notices

Evidence of Utilities Disconnected - Electric / Water/Sewer

Eviction Notice

A letter of support stating what shelter you / your family are currently staying in

and the date you must leave by.

These are a few of the things to submit for hardship.

The best things I can suggest since you still have housing - is cut out each and every expense you can

and make your money stretch more.

That means - things like one home phone with no long distance = about 15 bucks a month.

No Cable tV or Internet - use Internet at library or your VAMC

NO meals / coffee / soda / bottled H2O out.

No new anything ! - local thrift stores

No driving out of the way - plan all trips

No newspapers or magazines

Use cheap laundry soap for all washing - body, hair, dishes, etc . . . (thin it down)

Even so much as when you think the toothpaste is empty - it's not !

Cut it open with scissors and there's still a couple of days worth left in there.

Eat meat once a week - lots of beans - rice - potatoes - peanut butter.

Get food at dents make cents store.

Buy nothing that is not marked down !

Turn off lights - if it's not in use and has a digital clock or stand by light on it - un-plug it.

To survive you have to make do better with less.

JMHO

[Ret.Navy]

Thanks Carlie for the suggestions, most of these we already do. Thank God my wife is very thrifty. I forgot about my wife's tax refund. She just reminded me that it will be in next week, so we are going to clear up a lot of the past due bills, bring our utilities to a zero balance, and stock the pantry. I do have one question though I have tried to get all or most of care at the Dallas VA. I do have a few medical bills from emergency room visits and second opinions from non VA facilities. is there any assistance from the VA or any other organization that can assist with the portion Tri-care doesn't pay. Every visit was related to a Service Connected issue.

[Pete53]

Ret

The only bills you should pay are rent and utilities. All else can wait till you win your claim. In Texas there is not really much that can be done to you if you don't pay a bill.

Good Luck

[midnight340]

I am 65 now, and worked for years, often when I shouldn't have, I am sure. So I literally can feel your pain... at least have some idea. Please, take a deep breath and hang in there.

As far as expediting for financial hardship.... who really knows. I did request this after a bankruptcy and foreclosure, and it seems that it is helping to get results. I am almost through the maze I am told.

This has been the hardest year of my life... the stress, the not-knowing, the waiting. If you have a wife that is understanding then you are blessed (as I am) but above all, do your best to keep your relationships in good shape. Hard to do, but there is nothing more important.

As I said, try to remember to breathe deeply (meditation and/or prayer of your own kind helps!) You will make it through this. If you really cannot work even when you are willing (doctors saying you should not) then if you can get an increase so that you can get TDIU it would be good. It sounds as though you have been trying your best. Be proud of that, and hang in there.

[carlie]

Ret

The only bills you should pay are rent and utilities. All else can wait till you win your claim. In Texas there is not really much that can be done to you if you don't pay a bill.

Good Luck

Ditto - and don't pay anything on those medical bills for now.

Work out a payment plan with utilities - but don't even wipe out the tax return

trying to pay it all at once.